Public Agreement (Offer)
(revised 09.09.2022, posted on 09.09.2022 at 13:00)
This agreement is a formal and public offer Individual entrepreneur Velychko Svitlana Volodymyrivna (registration number of the taxpayer registration card: 3354906084) (further – Performer) to an undetermined number of people (further – Customer) enter into a contract to provide the information services presented on the site https://links-stream.com.
This contract is public, that is, in accordance with Article 633 of the Civil Code of Ukraine its terms are the same for all buyers, regardless of their status (individual, legal entity, individual entrepreneur) without providing an advantage to one buyer over another, and also contains all the essential terms of the contract for information services (in accordance with Articles 626-632, 633, 641, 644, 901-907 of the Civil Code of Ukraine).
A person who has accepted the offer in the manner specified in this Agreement and has acceded to the Agreement as a whole by accepting its material terms and conditions, acquires all the rights and obligations of the Customer provided for in this Agreement.
- DEFINITION OF TERMS
In this Agreement, terms shall have the following meaning:
1.1. Acceptance – providing by the Customer a complete and unconditional response to the Contractor's proposal to conclude the Agreement on the terms defined by the Public offer, in accordance with Article 642 of the Civil Code of Ukraine, by the Customer putting a mark "V" opposite the sentence "I agree with the terms of the Public offer" in the "Registration" section, which is posted on the site link: https://links-stream.com/office/sign-up/ and/or by the Customer making full or partial payment for the Contractor's services in accordance with the terms of the Agreement, which indicates the Customer's acceptance of the Public offer.
1.2. Contractor – Individual entrepreneur Velychko Svitlana Volodymyrivna (taxpayer registration number: 3354906084)
1.3. Agreement – this contract for information services presented on the website https://links-stream.com, concluded between the Contractor and the Customer by means of acceptance by the latter of the Contract conditions as a whole (without exceptions, additions and reservations) without written signing by the Parties. The Contract has legal force in accordance with the Civil Code of Ukraine and is equivalent to the contract signed by the Parties.
1.4. Customer – a natural person who has completed the registration procedure on the Site https://links-stream.com and entered into this Agreement by accepting the Public Offer in the manner specified in this Agreement, and has acceded to the Agreement as a whole (without exceptions, additions or reservations).
By accepting the terms of this Agreement, the Customer enters into it by acceding to it as a whole, and confirms that he has reached the age of 18, there are no circumstances limiting his civil capacity, and the information provided by him is true and relevant, and he understands the meaning of his actions, he understands all the terms of the Agreement, he does not act under the influence of error (deception, coercion, threat, etc.), he fully agrees with all the material terms of this Agreement and unconditionally accepts them.
1.5. Personal Cabinet – is a special section of the Site, which contains information about the Customer, the Customer's choice of the appropriate scope of Services provided by the Executor to the Customer, the status of the Project and the like.
1.6. Public offer – the Contractor's offer, addressed to an indefinite range of people by means of software and hardware tools of the Website to enter into an agreement with him, which is contained in the Public offer. The text of the current Public offer can be found on the website at: https://links-stream.com/agreement/
1.7. Services – actions of the Contractor to promote the Customer's site with the help of:
- technical placement of informational materials (crowd-links, articles) on various resources on the Internet;
- a set of actions aimed at building a positive brand of the Customer on the Internet (SERM);
- creating a network of trusted satellite sites, which are aimed at the development and promotion of the "main" site of the Customer;
- a set of actions aimed at creating a reference audit of the Customer's site, with a detailed analysis and strategy of links of the Customer's site (for 6 months).
1.8. Software – computer programs and algorithms of actions, ordered according to the established system and logically related to each other by the purposes for which the Site was created, which is their integral part, and provides the functional basis for the operation of the Site and the Service.
1.9. Project – the electronic form of the Contractor's terms of reference, including the list of services provided by the Contractor, the terms of their provision and other material terms of the order, filled by the Customer on the site in myAlpari.
1.10. Payment system – the payment organization, members of the payment system and the totality of relations arising between them when carrying out funds transfer. Conducting transfer of funds is a mandatory function to be performed by the payment system.
1.11. Paying organization – Limited Liability Company Financial Company "WEB FOR PEOPLE", which determines the rules of the payment system, as well as performs other functions to ensure the operation of the payment system, and bears responsibility according to the current legislation of Ukraine.
1.12. Payment transaction – a set of transactions between the Customer (buyer of services), the Contractor (seller of services) and the Limited Liability Company Financial Company "VEY FOR PEOPLE" to purchase Services, Service on the Site using the card as a means of payment.
1.13. Payment operation (payment transaction) – transaction initiated by the payer - holder of a special payment instrument, carried out in accordance with a special procedure, using technical means of the system WayForPay, organized by the operator by its technical means and/or with the involvement of technical and other capabilities of third parties, aimed at the transfer of funds of the Customer as payment for the Services provided by the Contractor.
1.14. Site – the official website, the right to use which belongs to the Contractor, located on the Internet at: https://links-stream.com.
1.15. Service – a set of software and hardware tools and solutions of the Contractor, aimed at promoting sites through crowdsourced links, articles and SERM-services, PBN-sites and the like.
Linkbuilder, data mining algorithms and other tools contained on the Site are available to the Customer for the duration of the Services.
1.16. Parties – the reference in the Contract to the Contractor and the Customer together.
1.17. The manner of entering into this Agreement – The Contractor's public offer is considered to be accepted by the Customer and this Agreement enters into force and is considered to be concluded between the Contractor and the Customer from the moment of accession of the Customer by marking "V" opposite the sentence "I agree to the terms of the Public Agreement (offer)" in the "Registration" section, which can be found on the Site by clicking on: https://links-stream.com/office/sign-up/ and/or by the Customer making full or partial payment for the Executor's Services in accordance with the terms of this Agreement.
1.18. Rates – a set of Services of the Executor of a certain value. The cost of the Tariff depends on the number and composition of the included Services. The Tariffs are posted on the Website and are an integral part of this Agreement.
1.19. Limited Liability Company "Financial Company "VEY FOR PEI" (USGS 39626179) is a financial institution registered in accordance with the legislation of Ukraine, provides its services on the basis of NBU License for transfer of funds without opening accounts № 35 dated 31.12.2015. Website of "Financial company "VEI FOR PEI" LLC https://wayforpay.com.
- SUBJECT MATTER
2.1. The Contractor undertakes to provide the Customer with the Services selected by the latter on the Website, and the Customer undertakes to pay for and accept them within the terms and conditions specified in this Agreement and in the relevant section of the Website available at the link: https://links-stream.com.
2.2. The Executor provides, at the Client's choice, paid services aimed at promoting the Client's site using the Service.
2.3. A specific list of Services is selected by the Customer on the Site when creating the Terms of Reference.
2.4. A customer can add more than one Project at a time.
- SERVICE PROCEDURE
3.1. The Contractor shall provide the Services to the Customer under this Agreement only after the Customer completes the registration procedure on the Website and creates a Personal account in the order specified in the "Registration" section, which is posted on the Website by the link: https://links-stream.pro/office/signup/.
3.2. When registering on the Site, the Customer shall fill in the fields according to the information requested on the Site. After completing the registration procedure, the Customer's Personal account will be automatically created.
3.3. On the Site, the Customer chooses the necessary package of Services, which will be provided by the Executor, and fills in the terms of reference (brief) in a standard form in myAlpari (as a result, a Project is created in myAlpari).
3.4. After completing the terms of reference (brief), the Customer must pay for the Contractor's services and then the Contractor begins to provide services.
3.5. The Services are considered to be rendered from the moment when the Customer's Project moves to the "Pending Acceptance" status, which is displayed in myAlpari. From that moment the Customer has an opportunity to check the quality of the Services provided by the Executor.
3.6. The Executor provides a guarantee on the work of crowdsourced links for 14 days from the moment when the status of his Project in myAlpari changes to "Pending Acceptance". Upon the expiration of the specified warranty period, the Executor's Services shall be considered properly rendered and complaints from the Customer about the quality of the rendered Services, including, but not limited to, the correctness of the crowdsourcing links and/or their absence, shall not be accepted.
3.7. A prerequisite for the execution of the Contract is the provision by the Customer of correct data when filling out the registration form and when creating the terms of reference (brief), including data relating to the site(s), details and contacts of the Customer.
3.8. In case of detection of discrepancies in the personal data or inaccessibility of the Customer at the specified numbers, the Executor reserves the right to suspend or terminate the provision of services without prior notice to the Customer.
- COST OF SERVICES, TERMS AND CONDITIONS OF PAYMENT
4.1. The cost of the Executor's Services is indicated in the relevant sections on the Site and is formed automatically based on the volume of Services, selected by the Customer when adding the Project in myAlpari.
4.2. Payment for the Contractor's services shall be made by the Customer on an advance payment basis.
4.3. Payment for the Contractor's Services is made in hryvnias, dollars, euros and pounds sterling.
4.4. Payment for provision of Services by the Executor shall be made by the Customer in non-cash form by transfer of funds to the Executor's bank account in IBAN format through the Payment System of the Payment Organization using the Payment Transaction(s).
4.5. The date of payment shall be the date of crediting of funds to the bank account of the Contractor or the date of receipt of information about the payment from the operator of the Payment system.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The customer must:
5.1.1. specify the correct data when filling out the questionnaire when registering on the Site and when creating the terms of reference (brief), including data relating to the site (s), details and contacts of the Customer;
5.1.2. in time to check the status of the Project in myAlpari, as well as in time to check the quality of the Services provided by the Contractor, including but not limited to the correctness of crowdsourced links and / or their absence, etc;
5.1.3. If there are comments on the quality of the Services provided by the Contractor, immediately notify the Contractor with an indication of specific deficiencies and inconsistencies through the appropriate actions on the Site;
5.1.4. to use the Site, Service, Software and/or other intellectual property objects located on the Site, the rights to which belong to the Contractor, in accordance with the norms of the current legislation of Ukraine and international law, including in the field of intellectual property, copyright and/or related rights;
5.1.5. at least once a month to read the current content of the Public offer, posted on the website at: https://links-stream.com/agreement/ ;
5.1.6. not to provide (transfer) in whole or in part to third parties received his rights under this Agreement, not to sell, duplicate, copy, not alienate in any other way, including free of charge in whole or in part materials and information contained on the Site and / or received by the Customer as a result of the Contractor services under the Agreement, using the Service, without prior written consent of the Contractor to all the above actions;
5.1.7. is obliged not to pass to third parties the password and login that are used to access the Customer's Personal account on the Site, to ensure the confidentiality of their storage. In case of unauthorized access to the username and password or the Customer's Personal profile, the latter shall immediately notify the Contractor.
5.2. The customer is expressly forbidden:
5.2.1. Perform any actions that violate Contractor's property rights to the Site, the Software and / or other intellectual property rights, as well as copyright and / or related rights, intellectual property rights of third parties to the intellectual property that is posted on the Site, including but not limited to unauthorized copying, modification, use of materials and content posted on the Site;
5.2.2. modify and/or hack into the Site with illegal purposes to mislead the Contractor's Customers and / or third parties about the Site, Service, Services, operations on the Site and their relationship with the Contractor;
5.2.3. make attempts of unauthorized access to the servers of the Site, where it is located, the Software, computers or databases, other equipment and technical means connected with the Site, the Service and/or the Contractor;
5.2.4. interfere with the operation of the Site, the Software, the Service available on the Site, the Customers' Personal Cabinets, including affecting or attempting to affect the availability of the Site, the Software, the Site pages, by conducting DOS attacks ("denial of service") and/or DDOS attacks ("split denial of service") on the Site, the Software, the Service, etc.;
5.2.5. use software that provides automatic downloading and processing (parsing) of web pages of the Site in order to obtain the necessary data ("not to parse" the web pages of the Site);
5.2.6. use, apply, implement (as well as perform other actions of this kind) on the Site or in relation to the Software, the Service of the Contractor and its Customers any malicious software (program codes) including, but not limited to, network worms, viruses, spiders, Trojan horses, logical bombs and other means that may harm or be technologically harmful to the Site, the Service, the Software, the Contractor and its Customers, in particular to cause their distortion, deletion, damage, emulation or disassembly, and similar adverse effects;
5.2.7. Perform other actions aimed at causing damage to the Site, the Service, the Software, the Contractor and its Customers, including, but not limited to, those aimed at bypassing, disabling or otherwise interfering with the security features of the Site, the Software, which prevent possible violations or limit access to the Site;
5.2.8. to perform actions aimed at carrying out functional operations initiated on the Site without the participation of the Site and the Contractor and / or to circumvent them and / or evade payment for the Services of the Contractor, etc.;
5.2.9. Perform actions that could lead to the prosecution of the Executor, as well as cause the suspension or termination of the provision of services by third parties to the benefit of the Executor and / or its Customers;
5.2.10. use the Site and/or Software with illegal purposes, as well as perform any other actions on the Site that may violate the provisions of this Agreement and applicable laws of Ukraine;
5.2.11. use the Site, the Service, the Software and/or other intellectual property rights located on the Site (or any part thereof) for commercial purposes in order to provide similar services to third parties.
5.3.The customer has the right to:
5.3.1. access to the Site, the Service at any time, except during maintenance work;
5.3.2. use the Service within its functionality and on the terms and conditions set forth in this Agreement;
5.3.3. independently change the password from your personal account;
5.3.4. at any time to apply for deletion of the Personal profile and the Customer's information stored on the servers of the Site. The Personal profile and the Customer's information stored on the servers of the Site shall be deleted within 7 days from the date of receipt of the application by the Contractor. When deleting the Personal profile the monetary funds which were paid for the Projects and for which the Executor has already started rendering the Services shall not be returned.
5.4. The contractor must:
5.4.1. Provide services of high quality and in full volume in accordance with the package of services selected by the Customer and within the specified time frame;
5.4.2. ensure that the Site and Service operate in accordance with the terms of this Agreement around the clock 7 (seven) days a week, including weekends and public holidays, except during maintenance work;
5.4.3. ensure confidentiality of the information provided by the Customer for the purposes of conclusion or performance of this Agreement, except for cases when: (1) such information is publicly available; (2) information is disclosed at the request or with the Customer's permission; (3) information requires disclosure on the grounds provided by the current legislation of Ukraine or upon receipt of relevant requests from the court or authorised public authorities of Ukraine.
5.5. The contractor shall have the right to:
5.5.1. Refuse to provide the Services to the Customer if there are doubts about the accuracy of the information provided by the Customer, the data in the registration form on the website and the terms of reference (brief), including the data relating to the website(s), details and contacts of the Customer;
5.5.2. Refuse to provide Services to the Customer if the website to be promoted contains information that violates the norms of the current legislation of Ukraine, generally accepted principles of law and order, morality and ethics, as well as poses reputational risks to the Contractor;
5.5.3. refer to the above circumstances without proving their factual existence;
5.5.4. not provide the Services to the Customer without the Customer making an advance payment;
5.5.5. store information about all Customer's connections, including IP addresses, cookies and requested page addresses, if such information was obtained when using the Website, Service and the provision of the Services by the Contractor;
5.5.6. without prior notice to remove any information posted on the Site by the Customer if it considers that the nature or content of this information violates the laws of Ukraine, is offensive, violates the rights and legitimate interests of other citizens or users of the Site, or contrary to the terms and conditions of this Agreement;
5.5.7. suspend or terminate the Services without prior notice if the Customer breaches the terms and conditions of this Agreement, including if it considers that the information provided by the Customer when registering is untrue, without refunding the payment made;
5.5.8. unilaterally change the price and/or composition of the Services by publishing new Tariffs on the Website;
5.5.9. suspend the operation of the Site for necessary scheduled maintenance and repair work on the technical resources of the Service/Site, as well as unscheduled work in emergency situations, notifying the Customer, if technically possible, by posting relevant information on the Site;
5.5.10. Interrupt the operation of the Site and/or Service if it is caused by the inability to use information transport channels other than the Contractor's own resources, or by the action and/or inaction of third parties, if it directly affects the operation of the Site and/or Service, including in case of an emergency;
5.5.11. update the content, functionality and interface of the Site at any time at its own discretion.
- PARTY LIABILITY
6.1. For violation of obligations under this Agreement the Parties shall be liable in accordance with the provisions of the current legislation of Ukraine. At that, the Executor's liability to the Customer in case of claim for damages is limited to the amount of the cost of the Services paid by the Customer.
6.2. The Contractor shall be relieved of all liability for the total or partial non-performance of its obligations or the damage caused to the Customer's website(s), if the non-performance or improper performance or the damage caused is due to force majeure events of a man-made nature, namely: accident (malfunction) in the power or computer networks or other electrical communication systems used for the operation of the Service, the negligent actions of users/customers, as well as the result of intentional illegal actions of any persons aimed at disrupting the operation of the Service and/or the Customer's website(s).
6.3. The contractor is not responsible for the operation of the customer's website.
6.4. The Contractor shall not be liable for risks relating to the security and confidentiality of information transmitted via the Internet, including the following: interception of information, unauthorised access, hacking or loss of password, spoofing, receiving unwanted material or failure to connect to the Site's servers.
6.5. The Contractor shall not be liable for the total or partial loss of the Customer's information if such loss was caused by the Customer's own intentional or negligent actions.
6.6. The Contractor shall not be liable for non-performance or improper performance of obligations under this Agreement, nor for direct and indirect losses of the Customer, including loss of profit and possible damage, including those resulting from unauthorised actions of Internet users, aimed at the violation of information security or the normal functioning of the Site and the Service; lack of Internet connection between the Customer's computer and the Site's server; actions taken by state and municipal authorities and other organisations as part of investigative measures; establishment of state regulation (or regulation by other entities) of commercial entities' business activities on the Internet and/or the establishment by such entities of one-time restrictions that make it difficult or impossible to perform this Agreement; and other cases related to actions (inaction) of Internet users and/or other entities aimed at worsening the overall situation with the use of the Internet and/or computer equipment that existed at the time this Agreement was concluded.
- PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
7.1. The website contains the results of intellectual activity belonging to the Contractor, its affiliates and other related parties, representatives, all other persons acting on behalf of the Contractor.
7.2. By using the Site, the Customer acknowledges and agrees that all content on the Site and the content structure of the Site are protected by copyright, trademark and other intellectual property rights and that these rights are valid and protected in all forms, in all media and in relation to all technologies, whether presently existing or hereafter developed or created. No rights in any content on the Site, including but not limited to audiovisual works, text and graphics, computer programs, trademarks shall pass to the Customer as a result of the use of the Site and the conclusion of this Agreement.
7.3. When quoting material from the Site, if expressly provided for by the functions of the Site, the Customer undertakes to provide a link to the Site.
7.4. The Contractor informs the Customer that it grants the Customer non-exclusive rights of use (non-exclusive licence) without the right to sub-licence to use the Site, the Service, Software and/or other intellectual property rights located on the Site, the rights to which are owned by the Contractor, including all improvements, changes, corrections, updates and future versions, as follows: personally use the Site, the Service, including the Software,using your personal account to purchase and pay for the Services from the Service Provider.
7.5. The Customer shall not be entitled to use the Site, the Service, the Software in any way other than that specified in this Agreement.
7.6. Should the Customer breach the provisions of this Agreement relating to the protection of the Contractor's copyright, the latter shall be entitled to claim compensation for all losses incurred, including loss of profit.
7.7. Should the Customer breach the requirements of this Agreement regarding the observance of copyright and related rights of the Contractor by the Customer, the Contractor shall be entitled to demand payment of a fine of up to one hundred thousand (100,000) hryvnias for each instance of breach.
- PERSONAL DATA AND ITS USE
8.1. The customer grants the contractor permission (explicit and unconditional consent) for the transfer, processing and storage of his personal data (name, first and middle name, e-mail, mobile phone number, position, programming language, etc.), that become known to the Contractor as a result of the Customer's interaction with the Website, in any way, including, but not limited to, by collecting, recording, processing, storing, systematising, accumulating, adapting, using, including by including them in the Contractor's personal database, transfer to third parties within their competence (provision, access), dissemination, blocking, deletion. The Customer shall grant permission (explicit and unconditional consent) to the Contractor to disseminate personal data in the cases expressly provided by law and only at the request of the state body authorised to receive such information or when the need to disseminate data in certain form and amount directly derives from the provisions of the current legislation of Ukraine.
8.2. Processing of personal data means recording, systematisation, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalisation, blocking, deletion, destruction of personal data not falling into special categories, for processing of which, according to the current legislation of Ukraine, a written consent of the Customer is required.
8.3. The processing of personal data is carried out with the aim of fulfilling the Contractor's obligations under this Agreement and complying with Ukrainian legislation in force, for accounting, preparation of documents and for other purposes that are in any way related to this Agreement, to provide feedback to the Customer when using the Website, providing the Services, as well as to send information and advertising messages to the e-mail address specified by the Customer during registration.
8.4. The Contractor shall process the Customer's personal data using databases in Ukraine.
8.5. Processing of personal data shall be carried out by the Contractor in accordance with the requirements of the current legislation of Ukraine on the protection of personal data. The said consent for processing of the Customer's personal data shall be indefinite and shall not depend on the term of this Agreement.
8.6. The Customer is notified of its rights as a subject of personal data. In particular, the Customer, as a subject of personal data, has the right, in accordance with the Law of Ukraine "On Protection of Personal Data": (l) know the sources of collection, the location of their personal data, the purpose of their processing, the location or place of residence (stay) of the owner or controller of the personal data or give a corresponding instruction to obtain this information to persons authorised by them, except in cases provided by law; (II) to obtain information on the conditions for access to personal data, in particular information on the third parties to whom his personal data are communicated; (III) to have access to his personal data; (IV) to receive no later than thirty calendar days from the date of receipt of the request, except in cases provided by law, a response as to where his/her personal data is processed or stored and to receive the content of such personal data; (V) make a reasoned request to the personal data controller objecting to the processing of his/her personal data; (VI) make a reasoned demand for the alteration or destruction of his or her personal data by any personal data controller and disposer, if the data is processed unlawfully or is inaccurate; (ѴІІ) To protect their personal data against unlawful processing and accidental loss, destruction, damage due to deliberate concealment, failure to provide or untimely provision, as well as to protect against providing information that is inaccurate or defamatory to the honour, dignity and business reputation of a natural person; (VIII) to complain about the processing of their personal data to an authorised body or to a court; (IX) apply legal remedies in the event of a breach of legislation on personal data protection; (X) make reservations about restricting the right to process their personal data when giving consent; (XI) withdraw their consent to the processing of personal data (XII) be aware of the automatic processing of personal data; (ХIII) to be protected against an automated decision that has legal consequences for him.
8.7. The customer may withdraw consent to the processing of personal data at any time by notifying the contractor at: [email protected]. The Customer understands and acknowledges that withdrawal of consent to the processing of personal data may require the deletion of any information relating to the Customer, including the deletion of Customer's personal account.
8.8. The Customer consents to receive newsletters and advertisements from the Contractor, or from others on behalf of the Contractor, to the e-mail address and contact telephone number provided by the Customer when registering on the website.
Consent to receive newsletters and promotional material may be withdrawn by the Customer at any time by giving notice to the Contractor at: [email protected].
- THE TERM OF THE CONTRACT AND THE PROCEDURE FOR PREMATURE TERMINATION
9.1. This Agreement shall be valid from the time of its conclusion by the Parties until its termination in connection with its performance by the Contractor or in connection with termination on the grounds of early termination on the initiative of the Customer or the Contractor as provided for in the Agreement.
9.2. The Customer may unilaterally and without recourse to a court of law terminate this Agreement at any time regardless of the reason, including in case of non-acceptance of changes to the terms and conditions of this Agreement proposed by the Contractor after its conclusion with the Customer. To do this it is necessary to send a request to the Contractor to close its Personal account and refuse to use the Site's Service to the e-mail address [email protected].
9.3. The Contractor may at any time unilaterally and without recourse to a court of law terminate this Agreement or suspend or terminate the Customer's use of the Website, the Service, prohibit (block) access to the Personal Area by notifying the Customer in advance:
9.4. immediately if the Customer is in breach of the terms and conditions of this Contract;
9.5. immediately if the Contractor reasonably suspects that the Customer is using the Service for the purpose of violating the applicable laws of Ukraine or the rights of third parties;
9.6. immediately if the Contractor reasonably suspects that the Customer is using the Service fraudulently or a third party is using the Service and/or the Customer's myAlpari fraudulently;
9.7. immediately if the Contractor considers that amended laws or regulations, an unfavourable interpretation of laws or regulations, the position of a competent public authority, etc. require it.
9.8. The Contractor shall apply termination of the Agreement or provision of the Services by prohibiting the Customer or a third party from accessing the Customer's myAlpari. In this case the Client's myAlpari may be deleted by the Contractor. The Contractor shall not be liable for refusing to provide access to the Service whose myAlpari has been deleted for the reasons set out in clause 9.3. of this Agreement.
9.9. Upon termination of the Contractor's contractual relationship with the Customer the non-exclusive permission (non-exclusive license) for the use of the Website, Service, Software and/or other objects of intellectual property rights placed on the Website, granted to the Customer under the terms of this Agreement shall be immediately terminated. The Customer shall immediately refuse any use of the Site, the Service, the Software and/or other objects of intellectual property rights placed on the Site.
- PROCEDURE FOR AMENDING A CONTRACT
10.1. This Agreement may be amended and supplemented (without any special individual notification to the Customer) by posting a new version on the Website, of which a corresponding entry will be made on the Website.
10.2. Amendments and additions made to this Agreement shall take effect as soon as they are posted on the Website.
10.3. The Customer understands and agrees that its express acceptance of the changes to the terms and conditions of this Agreement or use of the Website, the Service after the date of publication of the changes on the Website shall constitute the consent of such Customer to the changes to the terms and conditions of this Agreement. The Parties acknowledge the legal significance of such method of expression of will under this Agreement. If the Customer does not accept the amended terms and conditions of this Agreement, the Customer shall have the option to terminate this Agreement in accordance with the procedure provided for in Section 10 of this Agreement.
- DISPUTE RESOLUTION
11.1 All disputes relating to the performance of the Contract shall be resolved by the Parties by negotiation. If a dispute cannot be resolved by negotiation, it shall be resolved in court in accordance with the laws of Ukraine in force.
- OTHER CONTRACTUAL PROVISIONS
12.1. By concluding this Agreement, the Customer confirms that he has received full information from the Contractor prior to the conclusion of this Agreement, as provided by the current legislation of Ukraine on the protection of consumer rights.
12.2. Failure to act on the part of the Contractor in case of breach of this Agreement by the Customer shall not deprive the Contractor of the right to take later appropriate actions to protect its rights and legitimate interests and to defend its intellectual rights protected under the laws of Ukraine in force.
12.3. The possible invalidity of one or more provisions of the Agreement shall not invalidate the entire Agreement or parts thereof, which shall remain in force.
12.4. This Contract is concluded in English in electronic form.
- CONTRACTOR DETAILS
Private entrepreneur Svetlana Velychko
Place of residence: 08202, Kiev region, Irpen, Turgenevskaya street, 25c, sq. 23
IBAN: UA 27 380269 00000 26005056238783 in JSC CB "PRIVATBANK
E-mail address: [email protected]